-how applied.

§ 7. That all taxes levied and collected, and all fines Taxes and fines before the police judge for violation of this charter, and the laws and ordinances made in pursuance thereof, and all other public moneys, are to be applied by the trustees to public improvements; and the town marshal shall have all the powers of the sheriff to enforce the payment of taxes levied by the trustees; and the town marshal shall have power to compel persons refusing to pay their fines, and who have no property out of which to make the fine, to work the same out on the streets of the town; and the trustees are authorized to establish a station-house for the safe keeping of such offenders, until their fines are thus paid.

Trustees shall
keep a record.

§ 8. The said trustees shall record all their proceedings and all their laws and ordinances in a well-bound book, to be furnished and kept for that purpose, the proceedings to be signed by the chairman of the board of trustees, and attested by the clerk; and the police judge of said town shall keep a docket, and enter his judgments and proceedings thereon, and file and safely keep all papers in cases tried before him; his court to be a court of record, the same as the courts of justices of the peace in this Commonwealth.

§ 9. This act to take effect from its passage.

AN ACT to amend the charter of the Mortonsville and Lexington Turnpike
Road Company, approved January 14th, 1860.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1. That an act, entitled "An act to incorporate the Mortonsville and Lexington Turnpike Road Company," approved January 14th, 1860, be so amended as to allow the president and board of directors to erect a toll-gate at or near the point where said road intersects the Versailles and Mundy's Ferry Turnpike Road: Provided, The

tolls collected shall not be at a greater rate per mile than is now provided for by law.

§ 2. This act shall take effect from and after its pas

sage.

Approved April 2, 1880.

CHAPTER 762.

AN ACT to amend an act, entitled "An act to regulate the sale of spirituous, vinous, and malt liquors in the county of Greenup," approved April 10th, 1878, and to repeal so much of said act as comes in conflict with this act. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

may order an

election

§1. That it shall be the duty of the judge of the county County judge court of Greenup county, upon a written petition signed by at least twenty of the legal voters in any civil district. or incorporated town in said county, to make an order on his order-book at the next regular term of his court after be receives said petition, directing the sheriff or other officer whose duty it may be to hold the election, to open a poll in said district or town at the next regular State, town, or county election held therein, for the purpose of taking the sense of the legal voters in said district or town upon the proposition whether or not spirituous, vinous, or malt liquors shall be sold therein.

2. It shall be the duty of the county court clerk to give to the sheriff or other officer whose duty it shall be to hold the election mentioned in section one of this act a certified copy of the order of the judge of the county court, as it appears on his order-book, within ten days after said order is made.

advertised

§3. It shall be the duty of the sheriff or other officer Election to be whose duty it may be to hold the election mentioned in section one of this act to have the order of the judge of the county court published in the Greenup Independent (newspaper) for at least two weeks before the election; and also to advertise the same by printed or written handbills, posted at five or more conspicuous places in said district or town for the same length of time. The sheriff or other officer whose duty it shall be to hold the election

election-how

carried out

mentioned in section one shall have the advertisement and notices herein provided for posted as above provided for within ten days after he receives the order of the county judge, and twenty days before the election.

§ 4. It shall be the duty of the sheriff or other officer whose duty it may be to hold the election mentioned in section one of this act to open a poll, and the election officers shall propound to each voter who may vote the question, "Are you in favor of the sale of spirituous, vinous, or malt liquors in this district?" (or town, as the case may be), and his vote shall be entered for or against it as he directs. The poll shall be returned as the other polls of the county in said election, and shall be examined and compared by the same officers as provided in other elections of the county; and the examining board shall certify and give a certificate of the number of votes cast for and against the same in said district or town, which certificate shall be delivered to the clerk of the county court, and by him safely kept until the next regular term of the county court, at which term the judge thereof shall have the same spread on the order-book of his court, and said entry of the certificate, or a certified copy thereof, shall be prima facie evidence of said facts in all proceedings under this act.

§ 5. If it shall appear from said election and certificate Result of the that a majority of the qualified voters in said district or town voting at said election were in favor of the sale of spirituous, vinous, or malt liquors, then, and in that case, the county court of said county shall, at any regular court held for said county thereafter, grant tavern or other license to applicants, under and in pursuance of the provisions of the General Statutes of this Commonwealth, by the applicant paying the tax and complying with said statute laws: And provided further, That said applicant shall pay to the clerk of said court the further sum of not less than fifty nor more than two hundred and fifty dollars, to be fixed by the judge of said county court, to be paid over by said clerk to the trustees of the common school district in which said applicant may reside; and

the liquor may be sold, to be receipted for by said trustees, and expended by them for common school purposes in said school district, and accounted for in their annual report. And if a majority of the votes cast as aforesaid be in favor of the sale of such liquors, then the act, entitled "An act to regulate the sale of spirituous, vinous, and malt liquors in the county of Greenup," approved April 10, 1878, shall stand repealed and be inoperative in said district or town thus voting, but not elsewhere in the county; and this act, in conjunction with the General Statutes of the State, shall be the law governing the sale of spirituous, vinous, and malt liquors therein.

§6 The county judge shall not make the order for the election until the persons signing the petition shall have deposited with him, in money, an amount sufficient to pay for printing and posting advertisements as provided for, and the fees of the clerk for making entries on the orderbook and other legal fees consequent upon holding said election.

7. Not more than one election shall be allowed under the provisions of this act in any one year in the same district or town.

8. This act shall take effect from and after its passage, but the provisions thereof shall not apply to any district or town in said county of Greenup until adopted by a majority vote of said district or town, as provided for in this act.

Cost of advertis

ing election must

be guaranteed.

Approved April 2, 1880.

CHAPTER 763.

AN ACT to amend an act, entitled "An act for the benefit of the tax-payers of Lyon county," approved February 6th, 1878.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

{1. When there is money in the hands of the sheriff or collector, due and payable to the treasurer under the provisions of the act mentioned in the title, said treasurer may issue certificates to such of the owners of the bonds LOC. L., VOL. II-8.

of Lyon county as will agree to accept them for the respective amounts agreed to be paid therefor: Provided, The amounts thus to be paid are to be limited by said

act.

§ 2. Upon the acceptance of such certificates by the owners or holders of bonds, said bonds shall be surrendered to the said treasurer for cancellation; said county shall thereby be released from further liability on account of said bonds; and said treasurer shall thereby be relieved of the duty imposed upon him by said act of collecting of said sheriff or collector the amount of said certificates.

§3. The aggregate amount of certificates thus issued. shall not, at any time, exceed the amount then due and owing by the sheriff or collector. Said certificates shall bear such rates of interest as may be agreed upon, not exceeding such rate as may be fixed by the financial board.

§ 4. The persons to whom such certificates are issued, their assignees or personal representatives, shall have the same power to enforce the payment thereof by suit or motion against the sheriff or collector, and his sureties upon his bond, executed pursuant to said act, or either of them, or their personal representatives, heirs, &c., as the treasurer now has under said act.

§ 5. Said treasurer shall keep a record of all his acts, which shall at all times be subject to inspection by the judge of the Lyon county court, or the financial board, and shall also keep duplicates of all certificates issued by him, to be presented and filed with his settlements with the Lyon county court. Said certificates shall show upon their face the number and denomination of the bonds for which they were issued, and what coupons were attached thereto.

§ 6. This act shall take effect from its passage. Approved April 2, 1880.